Case 8:07-cr-00069-AG Document 130 Filed 12/06/10 Page 1 of 6 Page ID #:1992 United States District Court Central District of California UNITED STATES OF AMERICA vs. Docket No. SACR 07-69-AG Defendant _LEO WINSTON SMITH Social Security No. 7 kas: _Lee Smith (Last 4 digits) iy NEERCNERO sas MONTH DAY YEAR Inte presence ofthe stomey for the goverment th defendant appeared in person on this date L122 2000 COUNSEL] fX] wera counsex Teneo a -_——rh—_—r—r—h—rC Nowo xor CONTENDERE | GUILTY FINDING ] There being a finding/verdict of [9] GUILTY, defendant has been convicted as charged of the offense(s) of: Conspiracy in violation of 18 USC § 371 as charged in Count 1 of the First Superseding Information and Corrupt Attempt to Impede Due Administration ofthe Internal Revenue Code in violation of 26 USC § 7212(a) 2s charged in Count 2 ofthe First ‘Superseding Information JODGMENT] The Court asked whether defendant had anything to say why judgment should not be pronounced. Because no sufficient cause "AND PROB/| tothe contrary was shown, or appeared othe Cour, the Court adjudged the defendant guilty as charged and convicted and ordered COMM | that: ORDER Itis ordered that the defendant shall pay to the United States a special assessment of $200, which is due immediately. Itis ordered that the defendant shall pay to the United States a total fine of $7,500.00, which shall bear interest as provided by law. The fine shall be paid in full immediately. ‘The defendant shall comply with General Order No. 01-05. Under the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, LEO WINSTON SMITH, is hereby committed on Counts 1 and 2 of the 2-Count First Superseding Information to the custody of the Bureau of Prisons to be imprisoned for a term of 6 months, followed by 6 months of home confinement under the same terms and conditions originally imposed. This term consists of 6 months on each of Counts 1 and 2, to be served concurrently. ‘The Court recommends that the Bureau of Prisons conduct a medical health evaluation of the defendant and provide all necessary treatment. Upon release from imprisonment, the defendant shall be placed on supervised release for a term of 3 years. ‘This term consists of three years on Count | and one year on Count 2, all such terms to run concurrently under the following terms and conditions: 1. The defendant shall comply with the rules and regulations of the U.S. Probation Office and General eet TODGMENT & PROBATIONICONMITMENT ORDER PagesCase 8:07-cr-00069-AG Document 130 Filed 12/06/10 Page 2 of6 Page ID #:1993 USA vs. _LEO WINSTON SMITH DocketNo:: _SACR07-59.AG Order 318; 2. ‘The defendant shall cooperate in the collection of a DNA sample from his person; 3. The defendant shall pay the special assessment and fine in accordance with this judgment’s orders pertaining to such payment; 4, The defendant shall truthfully and timely file and pay taxes owed for the years of conviction, and shall truthfully and timely file and pay taxes during the period of community supervision. Further, the defendant shall show proof to the Probation Officer of compliance with this order; 5. The defendant shall not obtain or possess any driver's license, Social Security number, birth certificate, passport or any other form of identification in any name, other than the defendant’s true legal name; nor shall the defendant use, for any purpose or in any manner, any name other than his true legal name or names without the prior written approval of the Probation Officer; and 6. The defendant shall provide the Probation Officer with access to any and all business records, client lists, and other records pertaining to the operation of any business owned, in whole or in part, by the defendant, as directed by the Probation Officer. The drug testing condition mandated by statute is suspended based on the Court’s determination thet the defendant poses a low risk of future substance abuse. It is further ordered that the defendant surrender himself to the institution designated by the Bureau of Prisons on or before 12 noon, on February 11, 2011. In the absence of such designation, the defendant shall report on or before the same date and time to the United States Marshal located at United States Court House, 411 W. Fourth Street, Santa ana, California 92701. Defendant to remain on bond under the same terms and conditions. Bond to be exonerated upon defendant's surrender. Defendant advised of right to appeal. ‘The Court recommends defendant be housed at a local facility in Southern California to facilitate visits by his family. aay ‘TODGMENT & PROBATION COMMITMENT ORDER PagersCase 8:07-cr-00069-AG Document 130 Filed 12/06/10 Page 3 of 6 Page ID 1994 USA.vs, _LEO WINSTON SMITH Docket No.:_SACR07-69-AG ‘in addition to the special conditions of supervision imposed above, itis hereby ordered thet the Standard Conditions of Probation and Supervised Release within this judgment be imposed. The Court may change the conditions of supervision, reduce or extend the period of supervision, and at any time during the supervision period or within the maximum period permitted by law, may issue a warrant and revoke supervision for @ violation occurring during the supervision perio, era cm Date U.S. District Judge Andrew J. Guilford It is ordered thatthe Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S, Marshal or other qualified officer. US. District Clerk of Court December 6, 2010 By _Dwayne Roberts Filed Dawe Deputy Clerk Tere TH ‘JUDGMENT & PROBATIONICOMMITMENT ORDER Pagesos, Case 8:07-cr-00069-AG Document 130 Filed 12/06/10 Page 4 of 6 Page ID #:1995 USA vs. _LEO WINSTON SMITH Docket No _SACR 07-69-AG “The defendant shall comply with the standard conditions that have been adopted by this court (set forth below). STANDARD CONDITIONS OF PROBATION AND SUPERVISED RELEASE ‘While the defendant is on probation or supervised release pursuant to this judgment 1. The defendant shall not commit another Federal, stat orlocal crime; 10, the defendantshallnotassociate with any persons engaged in criminal 2, the defendant shall not leave the judicial district without the writen activity, and shall not associate with any person convicted of felony permission ofthe court or probation officer, tnless granted permission to do so by the probation officer, 3, fhe defendant shall report to the probation officer as directed by the 11, the defendant shall permit a probation officer to vsithim orherst any court or probation officer and shall submit a truthful and complete time at home or elsewhere and shall permit confiscation of any ‘written report within the fist five days of each month; contraband observed in plain view by the probation oficer, 4, the dofendant shall answer truthfully all inquires by the probation 12, the defendant shall notify the probation aficer within 72 hours of officer and follow the instrections ofthe probation officer, being arested or questioned by a law enforcement officer; 5. the defendant stall support his or her dependents and meet other 13, the defendant shall not enter into any agreement to acl as an informer family responsibilities; boraspecial agent o' fw enforcement agency without the permission 6, the defendaat shall work regularly at a lawful occupation unless ofthe cours texcused by the probation officer for schooling, raining, or other 14, as directed by the probation officer, the defendant shal notify third scveplable reasons, parties of risks that may be occasioned by the defendant's criminal 7, the defendant shall notify the probation officer at last 10 days prior Fecord of personal history or characteristics, and shall permit the {any change in residence or employment; probation officer to make such notifications and to conform the 8, thedefendant shall refrain fom excessive use of alcohol and shall not {etendant’s compliance wit such notification requirement; purchase, possess we, distribute, administer aay narcotic or other «415, the defendant shall, upon release ffom any period of eusody, report Controlled substance, o any paraphemaia elated to such substances, to the probation officer within 72 hours, except a prescribed by a physician; 16, and, for felony eases only not possess a firearm, destrective device, 9, the defendant shall not frequent places where controlled substances rany other dangerous weapon, ae illegally sold, used, distributed or administered; X | The defendant will aso comply withthe following special conditions pursuant to General Order 01-05 (set forth below). STATUTORY PROVISIONS PERTAINING TO PAYMENT AND COLLECTION OF FINANCIAL SANCTIONS ‘The defendant shall pay interest on a fine or restitution of more than $2,500, unless the court waives interest or unless the fine or restitution is paid in full before the fifteenth (15°) day after the date of the judgment pursuant to 18 U.S.C. §3612()(1). Payments may be subject to penalties for default and delinquency pursuant to 18 U.S.C. §3612(g). Interest and penalties pertaining to restitution , however, are not applicable for offenses completed prior to April 24, 1996. If all or any portion of a fine or restitution ordered remains unpaid after the termination of supervision, the defendant shall pay the balance as directed by the United States Attorney's Office. 18 U.S.C. §3613, ‘The defendant shall notify the United States Attomey within thiry (30) days of any change in the defendant's mailing address or residence until all fines, restitution, costs, and special assessments are paid in full. 18 U.S.C. §3612(0)(1)¢). ‘The defendant shall notify the Court through the Probation Office, and notify the United States Attorney of any material change in the defendant's economic circumstances that might affect the defendant's ability to pay a fine or restitution, as required by 18 U.S.C. §3664(k). The Court may also accept such notification from the government or the victim, and may, on its own motion or thet of a party or the victim, adjust th mer of payne of nor estan unin! 19 18 USC. $3654, See abo IBUISC. $3572) an. probation 18 U.S.C. (a)(1. Payments shall be applied in the following order: 1. Special assessments pursuant to 18 U.S.C. §3013; 2. Restitution, inthis sequence: Private victims (individual and corporate), Providers of compensation to private victims, ‘The United States as victim; 3. Fine; 4; Community restitution, pursuant to 18 U.S.C. §3663(¢); and 5. Other penalties and costs Seay ‘TODGMENT & PROBATIONICOMNITMENT ORDER PagodaCase 8:07-cr-00069-AG Document 130 Filed 12/06/10 Page 5of6 Page ID #1996 USA vs. _LEO WINSTON SMITH Docket No: _SACR 07-69-AG ‘SPECIAL CONDITIONS FOR PROBATION AND SUPERVISED RELEASE {As directed by the Probation Officer, the defendant shall provide tothe Probation Officer: (1) signed release authorizing credit report inguities; (2) federal and state income tax returns or a signed release authorizing their disclosure and (3) an accurate financial statement, with supporting documentation as to all assets, income and expenses ofthe defendant, In addition, the defendant shall not apply for any loan or open any line of credit without prior approval ofthe Probation Officer. The defendant shall maintain one personal checking account. All of defendant's income, “monetary gains,” or other pecuniary proceeds shall be deposited into this account, which shall be used for payment ofall personal expenses. Records ofall other bank accounts, including any business accounts, shall be disclosed to the Probation Officer upon request. ‘The defendant shall not transfer, sll, give away, or otherwise convey any asset with a fair market value in excess of $500 without approval ofthe Probation Officer until all financial obligations imposed by the Court have been satisfied in full. ‘These conditions are in addition to any other conditions imposed by this judgment RETURN have executed the within Judgment and Commitment as follows’ Defendant delivered on to Defendant noted on appeal on Defendant released on ‘Mandate issued on Defendant's appeal determined on Defendant delivered on 0 at the institution designated by the Bureau of Prisons, with a certified copy of the within Judgment and Commitment. United States Marshal By Date Deputy Marshal CERTIFICATE Thereby attest and certify this date thatthe foregoing document isa full, true and correct copy of the original on file in my office, and in my Tegal custody. rT TODGHENT & PROBATION COMMITMENT ORDER Pages: Case 8:07-cr-00069-AG Document 130 Filed 12/06/10 Page 6 of 6 Page ID #:1997 USA vs. _LEO WINSTON SMITH Docket No _SACR 07-69-AG. Clerk, U.S. District Court By Filed Date ‘Deputy Clerk FOR US. PROBATION OFFICE USE ONLY Upon a finding of violation of probation or supervised release, I understand that the court may (1) revoke supervision, (2) extend the term of supervision, and/or (3) modify the conditions of supervision. ‘These conditions have been read to me. 1 fully understand the conditions and have been provided a copy of them. Gigned), Defendant Date ‘U.S. Probation Officer Designated Date cea TODGRIENT & PROBATIONICONDITMENT ORDER Pagers